Legal Question in Traffic Law in California

Re: Reckless Driving

Unfortunately, most traffic offenses do not require much in the way of criminal intent, which is what your "defense" boils down to -- a lack of capacity to intend to do the illegal act (speeding or driving recklessly). Instead, these offenses simply require that you did the act. The law doesn't care whether you intended to do the act.

Having said that, I would suggest that you ask the court to reduce the charge to speeding. I do not recommend that you bring up the effect of any drug you may have been on. Even legal drugs (over-the counter or prescribed) can impair your ability to safely drive, and if they do, you're guilty of DUI. So don't go there. But nothing's to stop you from claiming that your ADHD/hyperactivity DISORDER (don't mention drugs) contributed to the speeding. If the judge wants to, he may find a way to reduce the offense to a simple speeding. I believe that the judge has discretion to dismiss the reckless driving charge in your case because of the alleged speed at which you were driving. (Under 100 mph and less than 40 mph over limit.) If I'm not dead on accurate about that, it will certainly not hurt you to ask, in any event.

Good luck!

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

Re: Reckless Driving

Not only is it NOT a defense; it can land you in jail for driving under the influence of drugs. I suggest NOT bringing it up in court.